News

I Broke a Finger at Work, Can I Claim Compensation From an Employer? – Find out if you are eligible and also calculate amounts

What are the Most Common Broken Finger Workplace Claims?

You can suffer a broken finger at work in many ways, but the more commonly reported cases where employees sustain this type of injury are listed below:

When using machinery and equipment at work
A slip, trip and fall at work that results in a broken finger
Using defective machinery or equipment in the workplace
Trapping a finger in a door
Sustaining a crushed finger

All of the above are just some of the ways that you may sustain a broken finger in a workplace accident, but there are many other scenarios that could lead to the same outcome. If you suffered a broken finger at work and would like to know more about proving employer negligence, the best course of action is to seek legal advice from an accident at work solicitor.

Establishing the Severity of a Broken Finger and the Compensation You May Receive

When it comes to seeking compensation for a broken finger at work injury, you would need to have the damage examined by a doctor or other medical professional. A doctor would determine the extent of your injuries and would offer an idea on how much it may affect the use of your hand. A medical report would also be used to prove your broken finger claim and to calculate how much broken finger compensation you may be awarded by a judge or an employer’s insurers should they prefer to settle your case out of court.

Your Employer’s Responsibilities Towards You

All employers in the UK must abide by the many laws and legislation that is set in place to protect workers from harm and injury in the workplace. If an employer does not keep you safe while you are at work by failing to respect health and safety regulations and other UK laws which then causes you to sustain a broken finger, you would have every right to seek legal advice from an accident at work claims solicitor and be awarded the level of compensation you rightly deserve for the pain, suffering and any out-of-pocket expenses you incurred through no fault of your own.

Your employer must legally provide the following:

That all employees are given ongoing training
That all equipment and machinery in the workplace is correctly maintained and repaired/replaced when necessary
To carry out regular risk assessments in the workplace and to set in measures to reduce the risk of harm and injury to all employees
To provide all employees with detailed, accurate working practices together with company procedures
To provide adequate personal protective equipment to all employees when necessary

As previously mentioned, if you suffer an injury at work because your employer chooses to ignore the laws that protect all employees, you could be entitled to file for compensation without the fear of being discriminated against for doing so.

What Level of Compensation Could I be Awarded in a Broken Finger at Work Claim?

A court would take into account many things when calculating the amount of broken finger compensation you may be awarded in a successful claim, bearing in mind that many accident at work claims are settled before they even go before a judge which is referred to as being an “out of court settlement”. Typical examples of the amounts you may receive are detailed below which are provided as ballpark figures only:

A broken index finger which leads to you not being able to grab and grasp things – you could be awarded anything from £7,270 to £9,760
Fractures to a middle finger that results in damage to tendons that could lead to a deformity – you may be awarded anything from £11,890 to £13,020
Severe fractures and breaks to fingers that lead to complications – you can be awarded anything up to £29,290

If you believe your employer was in breach of their duty to keep all employees safe while at work, discussing the circumstances surrounding a workplace accident that left you injured with a solicitor would confirm whether you are correct in your assumptions.

How Do I Begin a Broken Finger Injury Claim?

You would need to have gathered as much evidence as possible if you decide to file a broken finger injury claim against your employer. The more proof you can provide, the better chance you have of being awarded the level of broken finger compensation you rightly deserve. You would also need to prove that your employer failed in their duty to keep you safe from harm or injury in the workplace and that they were in breach of the following:

The Health and Safety at Work Act 1974
They failed to provide the necessary and adequate personal protective equipment (PPE) for you to carry out a job you were tasked to do
That an employer failed in their duty to identify risks and dangers in the workplace
That your employer did not provide adequate training for the job you were tasked to do
That your employer failed to ensure that a work colleague was sufficiently trained to do a job or that they had enough experience to carry out a job safely and as a result you sustained a broken finger at work

If you think you may have been partly responsible for your injuries, you should discuss things with a solicitor who specialises in accident at work claims. A solicitor would assess your claim by offering a free, initial, no obligation consultation. This allows a solicitor to not only establish whether you have a valid broken finger claim, but also who would be held liable for the accident occurring.

What is the Time Limit to Filing an Accident at Work Broken Finger Claim?

As with all or most work-related claims, there is a strict 3 year time limit that must be adhered to. The time begins from the date you were injured in the workplace or from the date when you were made aware of the extent of your injuries which is typically when diagnosed by a medical professional. However, if you were under the age of 18, the 3 year broken finger time limit starts from the day you turn 18 years of age.

If you start a claim as soon as possible after an accident at work that leaves you with a broken finger, the less chance there is of falling foul of the 3 year statutory time limit, bearing in mind that it can take a long time to gather all the relevant evidence needed to prove a claim and for an employer’s insurance company to respond to correspondence they receive pertaining to your claim.

A solicitor who specialises in accident at work claims has access to legal libraries, they also have vast experience when it comes to knowing what sort of proof an employer’s insurers would insist on having before discussing compensation terms. This can speed up the legal process considerably which in short, means that you would be awarded compensation sooner rather than later for the injuries and out-of-pocket expenses you incurred through no fault of your own.

What Can I Include in My Finger Injury Claim?

If you sustained a broken finger in a work-related accident and you decide to file for compensation against a negligent employer, there are specific things that can be included in your claim which are listed below:

General damages
Special damages

General damages

You would be compensated for the pain and suffering you had to endure through no fault of your own having been involved in an accident at work. This also covers any mental as well as physical suffering you endured and whether your injury meant you could no longer use your hand as you used to before your injury occurred.

Special damages

You would be compensated for the loss of earnings and future earnings should you not be able to work again due to the extent of your injuries. You would also be compensated for all your travel and medical expenses which you incurred as a direct result of your injuries.

Are There Any Benefits to Filing a Broken Finger Injury Claim?

You may find that having suffered a broken finger in a work-related accident, you are unable to work for a period of time. Your injuries may be such that you require extensive, ongoing treatment for the damage you sustained. As such, filing for compensation means that you are compensated for all the out-of-pocket expenses you incurred through no fault of your own but through the negligence of an employer. This takes all the pressure and worrying of how to pay monthly and other bills off the table.

It is worth noting that all employers must by law have valid liability insurance in place and as such, it is your employer’s insurers who would handle your broken finger claim and they would settle your case either by going to court or by offering to settle “out of court” which is often the case in successful work-related claims.

Can an Employer Fire Me For Filing a Broken Finger Claim Against Them?

If you are worried that your employer will sack you because you have chosen to file for compensation, it is worth noting that your employer cannot do so unless there is another good reason other than the fact you intend on filing a broken finger claim against them. Most reputable employers would not fire an employee for claiming compensation for a work-related injury because by doing so, an employee could also file a claim for unfair dismissal against them.

Would an Accident at Work Solicitor Take on My Broken Finger Claim on a No Win No Fee Basis?

A solicitor would typically offer you a no obligation, initial consultation which is free of charge. This allows them to assess your case, establish who may be liable and whether you have a strong case against a negligent employer. Once your broken finger claim has been assessed, a solicitor would offer to work with you on a No Win No Fee basis. This takes all the financial worry of paying for legal representation when you need it most off the table allowing you to concentrate on recovering from your injuries.

You would enter into a Conditional Fee Agreement (CFA) with the solicitor and once you have signed this legal contract, the solicitor can begin working on your claim without requesting an upfront fee or retainer. A Conditional Fee Agreement sets out the percentage known as a “success fee” that you would only have to pay a solicitor when you are awarded the compensation you rightly deserve. The fee would be deducted directly from the amount you receive. The agreement also sets out the “terms and conditions” of the contract which clearly states that should your broken finger claim against an employer be unsuccessful, you would have nothing to pay the solicitor for the legal representation they provided.

Can I Sue My Employer For a Broken Arm? – Am I Eligible To Claim Compensation From My Employer For A Broken Arm?

The Consequences of a Broken Arm in the Workplace

If you break your arm in an accident at work, whether you work full-time, part-time, you are an agency or temporary worker, the chances are you would not be able to work during the whole of your broken arm recovery time. Statistics published by the Health and Safety Executive (HSE) in 2015, show that around 40% or injuries in the workplace negatively impact employees’ arms. You can injure or break an arm whether you are a builder, office worker, nurse or carer to name but four occupations where you run the risk of suffering a broken arm.

The break could affect your upper arm, elbow, forearm or wrist but wherever the damage occurs, it could mean being off work for a number of weeks and could stop you from doing everyday chores around the home. In short, having suffered a broken arm whether it is your humerus, ulna, radius or the bones that make up your wrist, not only are you going to be in tremendous pain, but being off work can lead to financial hardship, anxiety and stress as well.

How Do I Prove a Broken Arm Injury Claim?

If you sustained a broken arm in the workplace and believe that your employer was negligent in their duty to keep you safe from harm, you may be able to file a broken arm injury claim against them. The criteria needed to prove your claim is detailed below:

That you broke your arm at work in an accident that occurred within the last 3 years bearing in mind that if you were under the age of 18 at the time of the incident, the time limit of 3 years begins from the date you turned 18 years of age
That the accident occurred through no fault of your own, but even if you think you were partly responsible, you should still seek legal advice from an accident at work solicitor because if it can be proved that you could be held partially responsible for your broken arm, you could still be compensated although you would not be awarded as much by a court or an employer’s insurance company

If you are unsure on how to proceed with a broken arm injury claim, you should seek legal advice sooner rather than later to avoid running out of time. A solicitor who specialises in accident at work claims would establish whether you have a strong case against a negligent employer and would typically offer to represent you on a No Win No Fee basis.

How Much Compensation Could I Receive for a Broken Arm Injury?

The level of compensation you may be awarded in a successful broken arm claim would depend on the complexity and the severity of your injury. Other factors that would be taken into account when calculating the amount of money you may receive are listed below:

The time you were unable to work during your broken arm recovery time
The out-of-pocket expenses you incurred as a direct result of having suffered a broken arm in the workplace. This would include any lost earnings and medical expenses

The compensation you would receive in a successful broken arm claim whether you are awarded the amount by a court or if an employer’s insurers choose to settle your case before it gets to court which is referred to as an “out of court settlement”, can be broken down into 2 specific categories which are as follows:

General damages are awarded in successful broken arm claims for the pain, suffering as well as loss of amenity” you had to endure
Special damages are awarded to cover your lost wages, your medical expenses and treatments which includes physiotherapy. It also covers any loss of future earnings should your broken arm injury be so severe, you would not be able to work again

As a rough guide, the compensation amounts provided below offer ballpark figures of how much you may be awarded in a successful broken arm claim:

Broken forearm injury whether it is the ulna and/or radius – you may receive anything from £5,000 to £14,600
For a permanent, extremely serious arm injury – you may be awarded anything from £29,800 to £45,500
As a add on you could also claim compensation for loss of earning and in some high value cases can be as much as £100,000 plus

Is it Worth Filing a Broken Arm Injury Claim Against My Employer?

The damage you suffered to your arm could prevent you from working whether it is for a shorter period of time or much longer. If your broken arm is so severe, you may not be able to work again. As an employee who suffered an injury in the workplace, you are legally within your rights to file for compensation for the pain, suffering and loss of amenity you had to endure providing you can prove employer negligence. It is worth noting that the law relating to personal injury is based on returning an injured person back to where they were before the accident occurred and as if the incident did not happen.

As such, claiming compensation would take any financial stress of not being able to pay monthly bills off the table and should your broken arm injury be such that you are unable to work again, you would be awarded “loss of future earnings” in a successful claim. Other amounts of compensation you would receive are listed below:

Your medical expenses and the cost of future treatments and ongoing care
All the costs you incurred as a direct result of having suffered a broken arm in the workplace through no fault of your own

How Long Does it Take to Receive Compensation for a Broken Arm Injury?

It is worth noting that the majority of personal injury claims are settled before they get to court with around 95% being straightforward cases where liability is obvious. However, should your case be more complex because your broken arm injury is catastrophic, settlement might take much longer. There are several factors that directly impact how long it would take for you to receive compensation for a broken arm some of which are listed below:

Your broken arm claim is hotly disputed
Your employer does not accept liability
Your employer only admits partial responsibility for your broken arm injury

Will My Broken Arm Injury Be Successful?

The more evidence you can provide, the better your chances of filing a successful broken arm claim against your employer. Because there is a strict 3 year time limit to personal injury claims, although this is longer if you are under the age of 18, it is best to seek legal advice from a solicitor who specialises in accident at work claims. A legal expert would have access to past work-related claims and would be able to establish who could be held liable for your injuries. They would communicate directly with your employer’s insurers bearing in mind that all employers in the UK are legally required to have valid liability insurance in place.

How Can A Personal Injury Solicitor Help?

As previously mentioned, a solicitor who has vast experience in representing employees who have suffered a broken arm in the workplace, has access to legal libraries which means they can use precedents to validate your claim. Should your employer not accept responsibility, a solicitor would discuss any issues directly with your employer’s insurance representative which can help speed up what is often a long, drawn out legal process.

How to Start a Broken Arm Claim Against a Negligent Employer

Even if at first, you do not intend on filing for compensation from your employer, there are certain things that you should do just in case you change your mind. You should always follow a specific procedure following an accident in the workplace, bearing in mind that certain incidents must be reported to relevant authorities by your employer and if they fail to do so, it could land an employer with a heavy fine from the enforcing authorities.

The things you should always do if you are injured at work are detailed below:

Seek medical attention as soon after the accident occurred as possible
Make sure the incident is reported to the person in charge or your employer, if you cannot do this yourself, ask a work colleague to do this on your behalf
Make sure the accident is recorded whether in an accident report book or by sending details of the incident and your injuries to your employer, keeping a copy of the details for your own personal records. It is worth noting that you have every right to see the details of the accident as it is recorded in the accident report book so you can check everything is correct
Take photos of where the accident that left you with a broken arm occurred – if available request CCTV footage of the incident
Take photos of your injuries before you have received any treatment
Get a medical report of your injuries which must be provided by a qualified doctor or other medical professional
Contact a solicitor who specialises in accident at work claims who would be in the best position to assess your case and establish whether your employer was in breach of their duty to keep you safe from harm in the workplace

Can My Employer Fire Me For Filing a Broken Arm Claim Against Them?

Your employer cannot fire you if you decide to file a broken arm claim for compensation against them and if they do without showing good reason, you could also file an unfair dismissal claim against them.

What are My Worker’s Rights Following an Accident at Work?

All employees have rights in the workplace which also cover what workers are entitled to do after being involved in an accident that leaves them injured. If you sustained a broken arm in a workplace accident, your rights are as follows:

That you can receive the compensation you deserve for the injuries you sustained while at work
That your job is secure should you decide to seek compensation from a negligent employer

Is There a Time Limit to Filing a Broken Arm Claim?

As previously touched upon, you have 3 years from the date of your broken arm injury occurred to file a claim against your employer. However, if you were under the age of 18 at the time of the incident occurring, the time limit would start from the day you turn 18 years of age.

Would a Solicitor Accept to Work on My Broken Arm Claim on a No Win No Fee Basis?

The best course of action following a workplace accident that results in you sustaining a broken arm whether your injuries are slight or more catastrophic, is to seek legal advice as early as possible. A solicitor would assess your case which they would typically do during a no obligation, free initial consultation. This means that you receive essential legal advice without the worry of how to pay for it.

Once a solicitor establishes your case against a negligent employer is strong enough to merit filing for compensation, they would offer to represent you on a No Win No Fee basis which again takes all the worry of how to pay for legal representation when you need it most, off the table allowing you to concentrate on your broken arm recovery.

You would enter into a legal contract with a No Win No Fee solicitor which is called a Conditional Fee Agreement (CFA) which details the “success fee” you would pay a solicitor on a successful broken arm claim. Should your claim not be successful, there would be nothing to pay the solicitor who took on your case because they signed a CFA with you. The “success fee” you agreed to pay a solicitor would be deducted directly from the compensation you are awarded whether by a judge or by your employer’s insurers should they choose to settle your broken arm claim out of court.